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Peter Carini:

Here's How To Get A Free Consultation To Find Out
How You May Be Able To Beat Your DUI

Even though you've been arrested for DUI, you don't have to let it ruin your life. You may not realize it yet, but if you are thinking about simply going to court and pleading guilty to your DUI charge you may be cheating yourself.

You see, a qualified attorney can review the case for defects, suppress evidence, compel discovery of such things as calibration and maintenance records for the breath machine, have blood samples independently analyzed, obtain expert witnesses all of which may help you to win your case at trial.

To find out what you need to know about your DUI arrest I've developed a website to give you a wealth of useful information . . . information which will show you how you may be able to save your license and your freedom . . . and possibly avoid fines, fees, and sharply increased car insurance costs of as much as $6,800.

For the most part, my easy-to-navigate site has information on it which you can't get anywhere else unless you are willing to do a great deal of legal research.

When you're on my site, you'll also learn how you can get a free, no-obligation consultation where I'll review your case and show you how I may be able to save your license and your freedom.

Oregon DUI Drunk Driving Defense Information

Search for Oregon DUI Attorneys by County.

Attorney Offices by Municipality

• Astoria
  • Former Defense Attorney: Should I begin alcohol treatment before going to court? Yes. First of all, a DUII arrest can be the sign that you have a problem with drugs or alcohol and need help. Furthermore, voluntarily seeking treatment immediately after your arrest is a way to show that you are taking responsibility for possibly having a problem. If you later are convicted of a DUII, the judge probably will look more favorably on your situation if you can show that you immediately took responsibility for recognizing this problem and doing something about it.
• Bend
  • Brothers Law Firm: Government is also prohibited from imposing excessive fines as punishment for a crime. To determine if a fine is excessive, courts look at whether the fine is grossly disproportionate to the seriousness of the offense. Therefore, the more serious the crime (such as murder), the higher the fine may be.
• Corvallis
  • Lorence & Dickman: If you have been arrested for Driving Under the Influence of Intoxicants for either alcohol or drugs, you were probably asked to take a breath and/or urine test. If you took a breath test and blew more than .08 blood alcohol content then your license was probably suspended for a period of at least 90 days. The suspension period could be longer if it is a multiple offense. If you refused to take the breath test, your license was suspended for one year or longer. This is a suspension which is being levied by the Department of Motor Vehicles. It is completely separate from any criminal charges which may be brought against you in any court. It is important to understand the difference. The DMV suspension is a separate suspension and will go into effect even if the criminal charges are subsequently dropped. Many people do not understand the difference. It is important that you read all of the papers given to you after an arrest relating to the DMV suspension. You are entitled to a hearing on the DMV suspension; however, you must request in writing, a hearing on that suspension within 10 days of the date of arrest. This is clearly stated on your paperwork, yet many people fail to do this. If you have been arrested for DUII you need to see an attorney immediately.
  • Ringo, Stuber, Ensor & Hadlock: You have a number of rights guaranteed to you by the Constitution, and by State statutes. First and foremost, you have the right to remain silent. You should exercise this right. Secondly, you have the right to an attorney. At the jail you will be asked to take a breath test. At your request, the police officer must give you a reasonable opportunity to call a lawyer BEFORE taking the breath test. If you don't know a criminal lawyer to call for advice, ask for a phone book. Finally, you will have the right to pay lots of money. Regardless of the outcome of your case, expect to pay at least a couple of thousand dollars. The best advice I can give you is also the simplest: If you choose to drink, let a non-drinker do the driving.
• Eugene
  • Hugh Duvall:

    SEVEN THINGS EVERYONE SHOULD
    KNOW ABOUT OREGON'S DUII LAW

    By: Hugh Duvall

    INTRODUCTION

    Driving Under the Influence of Intoxicants, or DUII, is perhaps the crime most frequently committed by the average person. It is also one of the most misunderstood. Only after a person is driving home after a few drinks with friends or associates and gets arrested does he or she come to understand just how dramatically a DUII charge can affect one's life.

    1: THE LEGAL LIMITñNot As Simple As .08%

    There are two ways a person is considered under the influence of intoxicants in Oregon. First, one is considered under the influence of intoxicants if his or her blood alcohol content is .08% or greater. However, there is a second way one is considered under the influence. A person is considered under the influence of intoxicants if any one of his or her mental or physical abilities is adversely affected by intoxicants to a perceptible degree, regardless of the person's blood alcohol content. A person can be guilty of DUII at a .07, .06 or even .05%! Oregon's law is very close to a zero tolerance standard.

    2: TWO PROBLEMS FOR THE PRICE OF ONE

    Most DUII cases involve two governmental entities pursuing action against the accused: 1) The DMV; and 2) The prosecutor in court.

    If one blows a .08% or greater, DMV will seek a driver's license (Implied Consent) suspension of 90 days to one year, or if one refuses a breath or blood test, a one to three year suspension. This DMV action is completely separate from the action in court which can also result in a suspension.

    3: THE FOUR POISON PILLS

    If a person is convicted of DUII, every court in Oregon must impose at least these four consequences: 1) Two days of jail or 80 hours of community service; 2) A $1,000 fine; 3) That one pay for and complete an alcohol treatment program; and 4) A one year driver's license suspension (a separate suspension from the DMV Implied Consent suspension mentioned above).

    4: THE GOOD NEWSñDiversion

    A person charged with DUII may be eligible for Oregon's DUII diversion program. Generally, one qualifies if he or she has not had a DUII within the past ten years and the presently charged DUII did not involve an accident in which anyone but the person accused was injured. If the court allows one into the DUII diversion program, the court then places the criminal case in abeyance. If the person then pays for and completes an alcohol or drug treatment program, and stays out of similar trouble for one year, the court then dismisses the criminal case. So, the DUII diversion program is like doing one-fourth of the minimum penalty, while getting the case dismissed as a bonus.

    5: THE BAD NEWSñBlackout Periods

    All DMV Implied Consent Suspensions have a period where absolutely no driving is allowedñnot even with a hardship or occupational permit. The first time offender who blows .08% or above and is allowed into the DUII diversion program usually still faces a 90 day DMV suspension where no driving is allowed for the first 30 days. This can obviously throw the accused's life into turmoil. A first time offender who refuses a breath test usually faces a 90 day blackout period. Repeat offenders can face substantially longer blackout periods.

    6: FELONY DUIIñThe New Horizon

    December 31, 1999 marked a noticeable change in Oregon's DUII law. Up until that time, the charge of DUII was always a class A misdemeanor, with a maximum penalty of one year in jail and a $5,000 fine. However, now a person with three or more prior DUII convictions within ten years of a new DUII arrest can be prosecuted for a class C felony.

    7: THE BITTER TRUTH

    An urban myth has evolved that if someone charged with DUII has enough money, or the right attorney, then he or she can "beat" the charge. If any truth to this myth exists, it is not in Oregon. Oregon's DUII laws are some of the toughest in the country. Fighting a DUII charge is virtually always an uphill battle. The least someone can hope to face in court is a police officer willing to testify under oath that in his or her opinion the accused drove under the influence of intoxicants. Anyone knowledgeable about Oregon's DUII law thinks twice before drinking any amount of alcohol and then driving.

    NOTICE: The purpose of this publication is to provide general information about Oregon DUII law, not to provide specific legal advice.

  • Robert J. Larson: If you have been charged with DUII and haven't hired an attorney yet, do so. An attorney very well may be able to help you in ways that we haven't gone into here. Also keep in mind that the above is general information and each case has its own particular facts that may require a different approach. DUII is serious and you should treat it seriously.
  • Rosta & Connelly: In Oregon, you can be charged with Driving under the Influence of Intoxicants for operating a motor vehicle under the influence of alcohol, illegal drugs, and all controlled substances, including prescription drugs. Consequences for conviction can be serious and life-changing. Effective defense is complex, and requires extensive knowledge of proper and improper arrest procedures and of the nuances of the law.
  • David Hill: It is important to enlist a strong and effective legal defense practitioner in matters like vehicular assault and vehicular homicide.
  • Robert Smith:

    When you have been charged with a DUI, most people think that the case is open and shut and that they are going to have to lose their license and pay huge fines…to make matters worse, there is also the possibility of jail time and administrative license suspension by the Department of Motor Vehicles. However, you don’t have to give up---you may be able to successfully fight a DUI in Oregon if you have the right attorney and the right set of circumstances. Help is out there if you are willing to take the step and find it.

    Drunk Driving Defense Attorney

    An experienced drunk driving defense lawyer can challenge the constitutionality of the traffic stop that lead to your arrest, contest the intoxilyzer results being entered into evidence, and help you keep you license or minimize the impact a DUI has on your life by entering you into diversion programs in lieu of criminal charges. With the help of a skilled lawyer, you may also be able to successfully assert a drunk driving defense if:

    • You were subject to an Illegal Stop
    • The Police Lacked Probable Cause to Arrest You
    • The Arresting Office Compromised the Intoxilyzer Results
    • Improper Intoxication Tests
    • Other Procedural Errors made by the Arresting Officer

     

    If You Have Been Stopped

    
    If you have been stopped for a DUI, make sure that you stay polite and keep your head…being belligerent or aggressive toward the police officer will be one of the surest ways to prevent yourself from getting a break from the courts. Also, you have the option to call an attorney before you decide to take an intoxilyzer test or not. The detaining officer may not tell you this, but you have a right to do so under Oregon State law.

    Whether or not you should take the intoxilyzer test depends on your driving record and whether it is your first offense. Be forewarned, refusing to take an intoxilyzer test can sometimes mean more serious consequences for license suspension is more serious than  necssary.

• Hillsboro
  • McNeil Law Office: Are you afraid of serving jail time for your DWI / DUI arrest? Have you lost your license due to a DWI / DUI arrest and need to know if you can get it back? Do you have concerns about fees, license revocation or rehabilitation requirements due to a recent DWI / DUI arrest?
  • Nachtigal, Eisenstein & Associates: DUI/DWI-Traffic violations can have serious criminal consequences, particularly when a driver is accused of driving under the influence. A conviction on DUI/DWI charges may result in fines, the revocation or suspension of your driver's license, and possible jail time. In addition, your insurance company may increase your rates to an unmanageable level. In defending against an impaired driving charge, you have many rights as a criminal defendant, including the right to cross-examine the witnesses against you, even if they are police officers. An experienced criminal defense attorney can make all the difference in such a difficult case.
• Medford
  • Peter Carini: To preserve your right to drive in Oregon, you must request a hearing within 10 days after your license has been taken from you by an officer or within the time set by Motor Vehicle in a revocation letter. A hearing must be initially scheduled within 30 days. If you had a valid license when stopped, you are qualified for a temporary license to drive until the hearing. This temporary license is good for only 30 days. If you lose your case at the hearing, your license will be suspended when the temporary license expires. It is our opinion you should request the officer's presence at the hearing. Crucial defenses can be developed at the hearing, and if you want to substantially increase your odds of winning your case, or need to know whether your case is winnable, you will need to request a DMV hearing.
  • Capetti Group Law Offices:

    When you were arrested for Driving Under the Influence of Intoxicants, you were charged with a criminal act. This crime is taken very seriously in Oregon courts. The maximum penalty is 1 year in jail and a fine of $6,250.00. Most courts will give a very modified version of that sentence, depending upon several factors, such as your criminal history (especially noting the number of prior DUII convictions you might have in this, or any other state), your history with drugs or alcohol, whether or not your arrest involved an accident, injury, or death, your politeness/cooperation with the officer and jail staff, and other similar factors.

    This is a case that will not be dismissed without extraordinary factors or circumstances. Many people are surprised to see that they are really being prosecuted for this. This will not go away.

    In order to get out of jail, you may be required to sign a PreTrial Release Agreement as a result of your arrest. This agreement may require that you refrain from consuming alcohol—with a violation resulting in the making you pay money to stay out of jail or locking you up again. You may also be required to install an IID (Ignition Interlock Device – see FAQ #19) which requires you to blow into this apparatus every time you start your vehicle in order to get it to run.

    CRIMINAL PROCESS

    When you were arrested, you were either taken to jail, or issued a citation for DUII.

    The jail will either set a court appearance for your, or will release you upon payment of bail or on your own recognizance. If you are released, they will give you a date to appear in court.

    If you were given a date by the jail to appear, or if you were given a citation with a date to appear, you were given a date to appear for Arraignment.

    First Appearance
    Arraignment is the time when the judge advises you about the charges filed, what the maximum penalties are, what your options are in regards to the charges. Upon finishing with this court appearance, you will be given a new court date to appear—unless you entered a plea of Guilty or No Contest.

    Those who hire attorneys can often skip this appearance if their attorney files an “Order on Arraignment”, which is the attorney’s certification to the court that the Attorney represents you, has met with you, and has advised you of your rights regarding the case.

    Mid-Case Appearance
    Whether you appear, or whether your attorney files an Order on Arraignment, you will be given a new court date to appear. This is the mid-point of the case. It is the point by which your attorney should have gotten all the information on your case, have reviewed it, and have discussed a possible plea offer with the Deputy District Attorney handling your prosecution. This appearance is where you or your attorney will inform the court of whether or not you have settled the case or if you intend to proceed to trial. It is also at this point at which plea negotiations cease and trial preparation begins. Many courts will not allow a Defendant to enter a negotiated plea after this point—it will be plea to everything charged and be at the mercy of the court, or go to trial.

    Trial Prearation and PreTrial Motions
    After this mid-point, you and your attorney begin trial preparation. Preparation for trial includes investigation—if that has not been done before the mid-point appearance.

    Other pretrial preparation includes the challenging of evidence in court. There are two basic or common ways to challenge evidence in court. The first is a Motion to Suppress, and the second is a Motion in Limine. Almost all DUII cases involve one or both of these motions.

    Trial
    A person charged with DUII has a right to a jury trial. You and your attorney will need to prepare to examine the jury, make opening statements about the case, conduct cross examination, and make closing statements. One issue that is important is that every defendant faces in a criminal prosecution is whether or not to testify. If you testify or if your attorney calls witnesses, then you must prepare for direct exam and brace for cross examination by the deputy district attorney prosecuting your case.

    Verdict
    This is the “pin-and-needles” time for most defendants. A case that goes to trial generally has genuine issues in favor of the defense, and so it is not easily foreseen whether or not you have won or lost. It is out of your hands at this point and you must patiently wait for the jury to decide which way they will go. The verdicts possible are: Guilty, Not Guilty, and Hung or Deadlocked.

• Oregon City
  • John Henry Hingson: There are serious federal and state constitutional implications present in every DUI case. new cases are being decided every day from the U.S. Supreme Court all the way down to State Appellate Courts throughout the country, which are routinely deciding issues that are placed before it in the field of driving under the influence.
• Portland
  • Randall Vogt: A necessity may be claimed as a defense when a defendant reasonably believed that his or her criminal act was immediately necessary to avoid imminent harm. The reasonableness of the defendant's act and the harm that was sought to be avoided by the defendant are the essential elements of the defense. The defendant must show that the harm that he or she sought to avoid was greater than the harm that was committed by his or her criminal act. In other words, the defendant must show that he or she was attempting to achieve a "greater good."
  • Christopher Skagen:

    DUII/Criminal Defense

    "DUII means that a person has violated the law by driving under the influence of intoxicants, which can include alcohol or any drugs. It is usually a Class A misdemeanor unless the person has had three in the last ten years.

    There is the criminal charge and there is a separate driving offense with the Department of Motor Vehicles which will result in a suspension of your license unless you file a request for a hearing with the DMV within ten days. If your license was valid at the time of your arrest, you will have a temporary permit that allows you to drive for 30 days. Hardship permits are available for some persons in certain circumstances.

    If you are from out of state, then Oregon will report to 45 other states of a conviction/suspension. It is to your advantage to hire an attorney because of their skills of trial practice and negotiation, as well as knowledge of the criminal and constitutional (and DMV) skills that are required to proceed successfully.

    The following are some of the more common questions:

    • A person who is charged with DUII for alcohol has tested with .08% Blood Alcohol Content.

      A first arrest for DUII is eligible for diversion. If there are no other factors involved. The person enters a program that includes an alcohol screening; undergoes treatment and at the end of the program has the charges dismissed. The first DUII stays on the record and cannot be expunged.

      Your license will be suspended for a year and your ability to obtain a hardship permit does not happen for 90 days.

      It is a Class A misdemeanor and punishable with up to 1 year of jail and a $6,250.00 fine. The minimum sentence is two days of jail or 80 hours of community service.

      For a third offense in ten years a personís driving privileges are permanently suspended and eligibility does not occur until after ten years.

      If a person has had three offenses in the past ten years, a new offense will raise DUII to a felony. The minimum sentence without other considerations is 13-14 months in prison.

• Scalf & O'Halloran: In today's legal environment, matching your needs with the correct firm is crucial to the successful outcome of your legal matters. Like so many other areas, in law, the pace of change can be overwhelming.
• James Cunningham: DUII is a Class A misdemeanor.The maximum penalty for DUII is one year in county jail and a $5,000 fine. There are fixed deadlines by which you must take certain steps, or face loss of rights, privileges or options.
• Sandi Pellikan: Every year, thousands of people face an Oregon DUI / DUII charge and the jail, fine, and license suspension. An Oregon DUII charge can have a devastating impact on a driver's life. Hiring an attorney who understands Oregon's complex DUII laws is crucial to helping you keep your license, reduce or avoid incarceration / jail / prison or possibly avoid a conviction altogether.
• James Halley: Facing a criminal charge can be a frightening and confusing experience. Whether you are charged with a minor misdemeanor or a major felony, in state or federal court, the government will work hard to convict you. They will use experienced criminal attorneys to gain a conviction in your case. You need an experienced and skilled criminal attorney to defend you.
• Matthew Kaplan: A person has 10 days from the date of the citation to request a DMV hearing to challenge the suspension of their Oregon Driver License.
• David Lesh: A DUII in Oregon is a Class A misdemeanor. Upon conviction, a defendant can receive substantial jail time and a license suspension of one to three years. An experienced attorney can provide you with detailed information. If you've been charged with an Oregon DUII, don't delay in contacting a lawyer. You must act quickly in order to have a chance to avoid a license suspension following a breath test failure or refusal.
• Mark Cogan: You are not required to have an attorney any more than you are required to see a doctor when you are sick or injured. However, timely representation by an attorney can save you much because the possible penalties associated with a DUII charge are so severe. Even attorneys who are skilled and experienced in the area of criminal defense will tell you that if they were facing criminal charges, they would arrange to have another attorney defend them. The reason for this is that nobody can be entirely objective about his or her own case. An individual who is not trained in the law would be at a huge disadvantage in attempting to defend his or her own self in a criminal prosecution.
• Brian Conry: Be aware that if you refuse to take a Breathalyzer test if you are stopped on a potential driving while under the influence charge, your license is likely to be suspended for from 1 year up to 3 years depending upon your driving record and if the officer had the legal right to request that you take the Breathalyzer test.
• Kenneth E. Kahn II: IF YOU DON'T HAVE A LAWYER... Call my office within 10 days of your DUII citation and we will request a DMV hearing for you as a personal courtesy, at no charge. We can also set up an appointment for us to plan an affordable strategy.
• James O'Rourke: In every criminal case there are three areas in which we can fight the government and win: trial, negotiation and sentencing. The trick is to concentrate our time and resources in the areas which will be most productive in achieving our goals.
• Stephens & Russell: You or your attorney should request a hearing if you took and failed the test or refused to take the test and there is a valid defense you can present. Your request must reach the proper DMV office within ten days of your arrest. YOUR REQUEST WILL NOT BE GRANTED IF YOU MAIL THE REQUEST ON THE TENTH DAY, it must be received within ten days.
• Thuemmel & Uhle: Drunk Driving Defense - the "right to drive" is a privilege which is governed by the individual states. Traffic violations are a mix of regulatory and penal (criminal) offenses based on violations of state statutes and city ordinances relating to the operation of vehicles, specifically driving under the influence of alcohol or other substances which impair the ability to drive.
• John Neidig: When law enforcement comes after you, or threatens to come after you, you need an aggressive advocate to protect you from the overwhelming power of the Government. If you are under investigation, have been arrested, or are being prosecuted in a criminal matter, you need to know your rights and you need help from an aggressive criminal defense attorney.
• Alexander Hamalian: f you have been arrested for DUII and you either failed or refused a breath test,you MUST request -- in writing -- a DMV hearing and that request must be RECEIVED by DMV within ten (10) days of your failure or refusal or you will waive your right to such a hearing.